Or. Admin. R. 333-052-0090 - Market Participation Requirements, Violations and Sanctions

(1) An authorized market must:
(a) Comply with Farm Direct Nutrition Program standards and requirements contained in 7 CFR 248 and 7 CFR 249, Program rules, and the terms and conditions of the market application and the market agreement;
(b) Ensure that an authorized Farm Direct farmer is present at the market during all market hours of operation;
(c) Accept training on Program procedures and provide such training to market staff including volunteers on behalf of the Oregon Health Authority (Authority);
(d) Cooperate in the Authority investigations of authorized farmers who:
(A) Redeem vouchers for ineligible foods;
(B) Charge Farm Direct shoppers higher prices than other shoppers;
(C) Accept vouchers outside the Authority determined market season;
(D) Give change for food purchased with Farm Direct vouchers (providing change);
(E) May not meet the definitions of "eligible farmer;" or
(F) Abuse any other Program rules or standards.
(e) Comply with all state or federal laws regarding non-discrimination and applicable USDA instructions as described in 7 CFR 248.10 to ensure that no individual will, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA, be excluded from participation, be denied benefits, or be otherwise subjected to discrimination, under the Farm Direct Nutrition Program;
(f) Cooperate with staff from the Authority or their designees in monitoring for compliance with Program rules and provide information required to be submitted by the Authority or their designees; and
(g) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(2) A market is in violation of Program rules if the market fails to:
(a) Ensure that an authorized farmer is present at the market during all market hours of operation;
(b) Complete training on Program procedures and provide such training to market staff including volunteers;
(c) Cooperate in the Authority investigations of authorized farmers;
(d) Comply with all state or federal laws regarding non-discrimination, and applicable USDA instructions to ensure that no individual will, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA, be excluded from participation, be denied benefits, or be otherwise subjected to discrimination, under the Farm Direct Nutrition Program;
(e) Cooperate with staff from the Authority or their designees in monitoring for compliance with Program rules and provide information that the Authority or their designees may require;
(f) Notify the Authority when and if the market ceases operation prior to the end of the authorization period; or
(g) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(3) Market sanctions:
(a) The Authority may issue a notice of non-compliance to an authorized market for an initial incident of failing to:
(A) Ensure that an authorized farmer is present at the market during all market hours of operations;
(B) Accept training on Farm Direct procedures and provide such training to market staff including volunteers;
(C) Cooperate in the Authority investigations of authorized farmers;
(D) Cooperate with staff from the Authority or their designees in monitoring for compliance with Program rules and provide information that the Authority or their designees may require; or
(E) Respond to requests, implement corrective action, and comply with the terms in final orders as directed by the Authority.
(b) A market may not be authorized the following year if, within the current season, there is a second or subsequent occurrence of any action described in section (3)(a) of this rule.
(c) The Authority may immediately disqualify a market from the Program for the remainder of the current season and the entire following season for an initial incident of a USDA substantiated violation of laws regarding non-discrimination, and applicable USDA instructions.
(d) The market is responsible, and may be sanctioned, for any action of market staff, including volunteers, in the provision of foods and related activities, and any violations by market staff are attributable to the market.
(4) Markets that do not comply with Program requirements are subject to sanctions.
(a) The Authority must give written notice to a market of an action proposed to be taken against a market, not less than 30 days before the effective date of the action. The notice must state what action is being taken, the effective date of the action, and the procedure for requesting a hearing;
(b) A market that has been disqualified from the Program may reapply at the end of the disqualification period; and
(c) The Authority may accept a market's voluntary withdrawal from the Program as an alternative to disqualification. If a market chooses to withdraw in lieu of disqualification, the market may not apply for participation until the following year.
(5) A market that commits fraud or abuse of the Program is subject to prosecution under applicable federal, state or local laws.

Notes

Or. Admin. R. 333-052-0090
PH 10-2006, f. & cert. ef. 6-5-06; PH 7-2008, f. & cert. ef. 4-3-08; PH 15-2012, f. & cert. ef. 12-20-12; PH 53-2020, amend filed 06/01/2020, effective 6/1/2020; PH 15-2023, temporary amend filed 03/31/2023, effective 4/1/2023through 9/27/2023; PH 46-2023, amend filed 09/26/2023, effective 9/28/2023

Statutory/Other Authority: ORS 413.500 & ORS 411.813

Statutes/Other Implemented: ORS 413.500 & ORS 411.813

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